HomeMy WebLinkAbout19990216_regularMINUTES
OF THE REGULAR MEETING OF THE
EDINA CITY COUNCIL
HELD AT CITY HALL
FEBRUARY 16,1999 - 200 P.M.
ROLLCALL
Member Hovland entered the meeting at 704 P.M.
Answering rollcall were Members Faust, Kelly, Maetzold, and Mayor Smifh.
CONSENT AGENDA ITEMS APPROVED Motion made by Member Maetzold and seconded
by Member Faust approving the Council Consent Agenda as presented.
Rollcalk
Ayes: Faust, Kelly, Maetzold, Smith
Motion carried.
*MINUTES OF THE REGULAR MEETING OF FEBRUARY 1, 1999, APPROVED Motion
made by Member Maetzold and seconded by Member Faust approving the Minutes of the
Regular Meeting of February 1,1999.
Motion carried on rollcall vote - four ayes.
RESOLUTION APPROVED VACATING PORTION OF WEST 41ST STREET APPROVED -
4023 LYNN AVENUE SOUTH Affidavits of Notice were presented, approved and ordered
placed on file.
Presentation by Engineer
Engineer Hoffrnan explained the property owner at 4024 Grimes Avenue requested the City
vacate a portion of West 41St Street, adjacent to their property. West 41St Street does not exist as a
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public roadway, nor does it ever appear that such a roadway will be needed. The City of Edina
would retain the right to a sanitary sewer and drainage easement over the property. NSP,
Minnegasco, USWest, and Paragon Cable do not have any facilities located in the requested area.
Staff recommended granting the requested vacation.
Mayor Smith asked for public comment. No comments were heard.
Member Hovland introduced the following resolution and moved its approval:
RESOLUTION VACATING PORTION
OF WEST 41ST STREET
WHEREAS, a motion of the City Council, on the 19th day of January, 1999, fixed a date for a
public hearing on a proposed vacation of a portion of West 41St Street; and
WHEREAS, two weeks published and posted notice of said hearing was given and the
hearing held February 16,1999, at which time all persons desiring to be heard were given an
opportunity to be heard thereon; and
WHEREAS, the Council deems it to be in the best interest of the City and of the public that
said vacation be made; and
WHEREAS, the Council considered the extent the vacation affects existing easements within
the area of the vacation and the extent to which the vacation affects the authority of any
person, corporation, or municipality owning or controlling electric, telephone or cable
television poles and lines, gas and sewer lines, or water pipes, mains, and hydrants on or
under the area of the proposed vacation to continue maintaining the same, or to enter upon
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Minutes/Edina City Councjl/Februaw 16,1999
such easement area or portion thereof vacated to maintain, repair, replace, remove or
otherwise attend thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edina, Hennepin
County, Minnesota, that the following portion of West 41St Street is hereby vacated retaining a
sani€ary sewer and drainage easement effective as of February 16,1999:
The northerly thirty (30) feet of the unimproved portion of West 41st Street as
platted in Morningside Oaks, South of Lot 9, Block 2, Morningside Oaks,
according to the plat thereof on file or of record in the office of the Registrar of
Titles, Hennepin County, Minnesota. .
BE IT FURTHER RESOLVED that said vacation does not affect, and there are continued,
reserved, and retained, by the said resolution ordering the vacation, the following existing
easements and authority in, on and under the above vacated area:
City of Edina Sanitary Sewer and Drainage Easements and the authority of
Northern States Power Company, USWest Communications, Paragon Cable
Minnesota, or Minnegasco to enter upon the above vacated area for the
maintenance, replacement, repair and removal of and for otherwise attending to,
underground conduit, manholes, cables, wires and poles required for utility
service now in, on or under the above vacated area.
BE IT FURTHER RESOLVED, that the City Clerk is authorized and directed to cause a notice
of completion of proceedings to be prepared, entered in the transfer record of the County
Auditor, and filed with the County Recorder, in accordance with Minnesota Statutes, Section
412.851. Member Kelly seconded the motion.
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I Roll Call:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
PRELIMINARY PLAT APPROVED, NORTHVIEW 1ST ADDITION, NORTHVIEW
DEVELOPMENT COMPANY CORPORATION, GENERALLY LOCATED WEST OF
LONDONDERRY DRIVE EXTENDED Affidavits of Notice were presented, approved and
ordered placed on file.
Presentation bv Planner
Planner Larsen noted the subject parcel is comprised of two vacant lots that were originally
platted with the office building development westerly across Nine Mile Creek in the mid 1960’s.
The total area within the two parcels is 81,287 square feet. The subject property is adjacent to
Nine Mile Creek and sigdmintly impacted by wetlands and floodplain. Watershed district rules
allow for a maximum twenty per cent fill of any flood plain area within the property. The
original proposal received by the City, depicted a three lot subdivision that would also have
resulted in a neck lot. The size of the proposed cul de sac aggravated the impact. However,
before the planning commission met to review the plat, the proponent withdrew the three lot
subdivision and submitted a two lot proposal.
Planner Larsen stated the revised proposed plat does not require any width variances. It also
significantly lessened the impact on the wetlands, reduced the amount of floodplain fill required,
and reduced the cul de sac from 42 feet to 35 feet in diameter. Planner Larsen concluded that the
Planning Commission recommended Council consider approving the preliminary plat with five
conditions: no wetlands disturbance, staff approval of driveway location to limit amount of fill in
floodplain, developers agreement, dedication to City of lands outside of proposed lots, and
vacation of unused right-of-way.
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MinutesBdina City CounciVFebruary 16,1999
After the Planning Commission meeting, a letter from Russell F. Nelson representing the
Londonderry Drive neighbors was received: requesting the cul de sac be realigned further west
and centered in the natural open area, requesting that a triangular piece of land be given to
Nelson’s Lot 1, that the drainage be channeled westerly, and that all vegetation lost during
construction be restored.
Planner Larsen explained that both the Planning and Engineering staff have reviewed the
resubmitted plat and the neighbors’ modifications. He noted that moving the street westerly
would likely impact the wetlands. In addition, moving the cul de sac north will reduce Lot 2’s
depth and area. Reducing the lot’s depth would cause it to need a variance. In staff‘s opinion the
resulting variance could be justified by the increased protection it affords the vacant lot.
Concluding, Planner Larsen said staff recommended preliminary approval of the two-lot plat
with the cul de sac relocated. The cul de sac’s exact location to be approved by the City Engineer.
However, staff does not support the transfer of any land to private ownership. All lands apart
from the proposed lots should be owned by the City.
Member Maetzold asked why the proposed plat’s street was a cul de sac. Planner Larsen
explained the street was a cul de sac because it will serve more than one parcel; allows the
subdivision to meet the City’s code requirements relative to proper frontage for each lot; and
provides needed turning radius for Public Safety and Public Works equipment.
Member Faust asked how close houses may be built to bodies of water under Edina’s current
regulations. Planner Larsen replied that a 50 foot setback is required.
Member Hovland stated he understands the City’s goal that subdivisions do not negatively
impact surrounding lots. He expressed concern regarding water run off and preservation of
wetlands. Member Hovland asked the legal consequences if the subdivision were denied leaving
one lot on the subject property. Planner Larsen stated that the proponents original plan would
require the maximum fill allowed by the watershed district to build homes. He added denying
the revised subdivision would be difficult because the lots meet the City’s zoning ordinance
standards for two lots, and he believed would also comply with the watershed districts
standards.
Proponent Presentation
Jeffrey Gustafson, Northview Development Corporation, informed the Council the proposed
subdivision was difficult to design. He worked with staff and the neighbors attempting to
design something everyone could accept. Mr. Gustafson said that in doing so, he had looked at a
variety of options, such as villa homes or town homes; but finally decided that detached single
family was best. He stated that he would commit to building a rambler walk out as depicted by a
photo he showed the Council. Mr. Gustafson added that moving the cul de sac north would
create an issue for him because of the resulting driveway grade and the additional floodplain it
would require. Mr. Gustafson showed the Council photographs of the existing woods that would
remain if he were allowed to use his original design.
Public Comment
Russell R. and Kathleen Nelson, 6625 Londonderry Drive, presented a letter signed by property
owners at the following Londonderry Drive addresses: 6625, 6623, 6624, 6608, 6612, 6604 and
6600, expressing the neighbors’ concerns over the potential impact of the proposed development.
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MinutesEdha Citv Council/Tebruaw 16,1999
Mr. Nelson pointed out that there is an existing berm on the property, that there will be a large
amount of trees cut and he questioned where the drainage will flow. He added the first time he
heard of the proposed subdivision was when the notice was received before the Planning
Commission’s meeting. Ms. Nelson expressed her concern over the removal of trees and the
potential ground instability. The Nelsons acknowledged that some development was inevitable,
but urged the Council to require the proponent to incorporate their previously stated.
modifications before granting approval.
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David Russell, 6623 Londonderry Drive, stated. the creek is only about 20 feet from his home and
he is concerned about the integrity of the creek banks when the new homes are built increasing
water run off.
John Bussjajer, 6709 Parkwood Lane, stated he lives north of the proposed development and
currently has no problems with drainage water. He expressed concern with where water will
drain from the lots of the proposed subdivision when new homes are built.
Council Discussion/Action
Mayor Smith stated that the proposed subdivision needs to be carefully reviewed to mitigate any
potential drainage issues. He questioned staff whether Barr Engineering should work with the
proponent’s engineers. Planner Larsen responded explaining that between the preliminary and
final plat approvals the watershed will review the subdivision and grant necessary approvals or
deny as appropriate. Engineer Hoffman added that if the Council desires, Ed.ina could require
more en,oineering be completed before granting preliminary approvals.
Member Kelly asked if the preliminary approval be granted reserving the right to change the cul
de sac before final approval. Planner Larsen replied this could happen.
Member Faust asked what the proponent’s proposed subdivision’s proximity was to the creek.
Planner Larsen answered the creek would be 60-65 feet from the subdivision. Member Faust
asked which cul de sac staff thought best. Planner Larsen replied this was a practical problem,
the normal street grade is seven per cent and in the proposed subdivision the grade would be
approxknately 11.5 per cent. He stated that if the cul de sac were moved slightly north it could
be acceptable.
Member Maetzold asked what the outside limits for driveway slope percent when City streets
are 7-7.5 percent, and whether or not the diameter of the cul de sac could be smaller. Planner
Larsen replied that Edina does not have a maximum, for example Indian Hills has quite steep
slopes to their driveways. Engineer Hoffman stated that the Public Safety personnel like cul de
sac to be larger so equipment can move through efficiently, i.e. snowplowing, fire trucks.
Member Hovland asked if conditions could be added to the approval since this was a
preliminary not a final plat. Specifically Member Hovland would require the cul de sac location
not be allowed to compromise wetland as approved by the City Engineer.
Jeff Gustafson interjected his concern in relocating the CUT de sac because of the potential for
disturbing trees he intended to save and the resulting steep grade of the driveways. Mr.
Gustafson said he wants to know where the homes wiU be placed. I
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MinutesBdina City CounciVFebruW 16,1999
Engineer Hoffman asked that Council indicate whether or not a setback variance would be
acceptable if the modified subdivision were granted preliminary approval. He added that
engineering can be completed to satisfy the Council's concern.
Council's consensus was that a setback variance of five to ten feet would be acceptable if this
yielded the best option for all involved parties. Mayor Smith advised the proponent to continue
working with the neighbors to achieve a solution acceptable to all involved.
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Member Kelly introduced the following resolution and moved its adoption:
RESOLUTION
GRANTING PRELIMINARY PLAT
APPROVAL TO NORTHVIEW 1ST ADDITION
BE IT RESOLVED by the City Council of the City of Edina, Minnesota, that that certain plat
entitled, "NORTHVIEW lST ADDTION", platted by Northview Development, Corporation,
and presented at the regular meeting of the City Council on February 16, 1999, be and is
hereby granted preliminary plat approval with the following conditions: 1) City Engineer
approval of the cul de sac location; 2) that the relocated cul de sac not impact wetland areas; 3)
dedication of all lands outside proposed lots to the City; 4) Staff approval of driveway location
to limit amount of fill in floodplain; 5) vacation of unused right-of-way; 6) Developers
Agreement; 7) Final Plat approval; and 8)Subdivision Dedication.
Member Hovland seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
CONDITIONAL USE PERMIT APPROVED - OUR LADY OF GRACE CHURCH (5071 EDEN
AVENUE) Affidavits of Notice were presented, approved and ordered placed on file.
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Presentation bv Planner
Planner Larsen informed the Council that Our Lady of Grace Church and School is seeking
approval for an addition to its school complex, to be located south of the sanctuary and west of
the existing gymnasium. The
proposed two story addition would contain a total area of 22,260 square feet, and would provide
ten new classrooms and a multi-purpose room. The addition would be connected to the
sanctuary and gymnasium.
The addition would occupy part of an existing parking lot.
Planner Larsen explained the proposed expansion area is currently a parking lot containing 112
spaces. The addition would reduce the lot to fifty spaces. After the addition, there would be a
total of 345 parking spaces on-site. Edina Code would require 300 parking spaces, therefore,
available parking exceeds demand and no variance would be required.
Planner Larsen said the proposed addition would provide space needed to handle the existing
and projected school population. The addition would allow the school to house three sections
each of grades K-8. The proposed facility is not expected to create additional parking demand
during peak activity periods. Planner Larsen added the proposed addition would provide a 56
foot setback from the southerly property line, where a 50 foot minimum setback is required. All
other building setbacks also meet ordinance requirements. I
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Minutes/Edina City Council/Februarv 16,1999
Planner Larsen stated the proposed exterior materials for the addition would be brick with stone
or precast accents that would match the existing buildings. The materials also comply with
ordinance requirements. He concluded stating that the Planning Commission recommends
approval of the Conditional Use Permit conditioned upon watershed district grading and water
quality permits.
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Planner Larsen noted receipt of a letter from a resident neighboring the church complaining
about light spilling onto their property and garbage pick up occurring before 700 a.m. He added
that staff has called the garbage company and they will comply with Edina's ordinance.
Member Maetzold asked if the addition will impact school bus traffic on the site. Planner Larsen
deferred to the developer.
Member Hovland asked when the lighting issue will be solved. Planner Larsen replied the
Church's administrator indicated their intent to work with the neighbors on the lighting issue. In
addition, the plan will be reviewed before the City issues a building permit.
Planner Larsen introduced Jeff Smith of Opus, representing Our Lady of Grace. Mr. Smith
informed Council that lighting fixtures will be selected to replace the existing lighting. This
should correct the problem. Mr. Smith continued responding to the traffic flow question by
stating that currently buses enter and leave the site from Eden Avenue. After the addition is
completed they will use exactly the sme pattern.
Public Comment
Doug Erickson, 5020 Richmond Drive, stated he has lived next to the church for 29 years and
overall they have been very responsive to his concerns. However, Mr. Erickson has a couple of
issues he would like resolved. First tour buses line up sometimes as early as 3:OO a.m. and are
very noisy running their diesels. Secondly, he thinks the church has the property line ten feet
from where it really should be. He asked that the Cound make sure the property line is clearly
established before allowing the addition.
Member Faust asked if plans could be submitted without a survey. Planner Larsen answered
that a survey is on file from a registered land surveyor, but he would double check this issue.
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74.
Member Maetzold asked if the City has regulations regarding bus parking and noise. Manager
Hughes said the City has adopted the state guidelines, prohibiting some things, however, he was
not certain if the statute pertained to buses.
Mayor Smith explained that property line disputes are not regulated by the Council, however he
asked the church to respond to the bus parking issue. Mr. Smith responded that he could not
speak for the church's operation, but he knows the church ropes off the alley during the day
time. He will suggest the church utilize this practice to eliminate bus stacking from backing up
next to Richmond Drive.
Council Action
Member Kelly infxoduced the following resolution and moved its adoption:
RESOLUTION
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Minutes/Edina Citv Council/February 16,1999
BE IT RESOLVED by the Edina City Council that the Conditional Use Permit for Our Lady of
Grace Church, 5071 Eden Avenue be and is hereby granted conditioned upon the Church
obtaining the necessary watershed district permits.
Member Maetzold seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Resolution adopted.
PUBLIC HEARING HELD: ORDINANCE NO. 1999-4 AN ORDINANCE RECODIFYING
SECTION 900 OF THE EDINA CITY CODE ALLOWING ISSUANCE OF ON-SALE
INTOXICATING LIQUOR LICENSES WITHIN THE CITY OF EDINA AND ORDINANCE
LICENSES GRANTED FIRST READING Affidavits of Notice were presented, approved and
ordered placed on file.
NO. 1999-5 ESTABLISHING LICENSE FEES FOR ON-SALE INTOXICATING LIQUOR
Manager Hughes presented highlights of the proposed ordinance regulating on-sale liquor
licenses:
Requirements: -
License Fees:
0
0
0
Public hearing required prior to issuance of new license
Annual application fee is $11,000
License fee refundable if application is denied (less costs incurred by City)
Investigation fees same as wine license ($500.00 Minnesota applicants, $2,500 out state
applicants, initial deposit)
No person, corporation or partnership may hold more than one on-sale intoxicating
liquor license
On-sale intoxicating liquor licenses may be issued only to restaurants and hotels in the
PCD-2, PCD-3, and mixed development districts
Establishments in the PCD-2 district may not have more than 150 seats
Amusement and recreation establishments not eligible
No more than 15% of establishment's seating capacity may be at a bar
Alcohol awareness training of wait staff required
At least 60% of gross revenues must be from food sales
Two for one pricing or "happy hour" sales not permitted
Licensed manager must be present
Restaurants holding a wine license receive a preference for an on-sale intoxicating
liquor licelise
To receive the preference, the wine licensee must apply for an on-sale intoxicating
liquor license within 15 days of ordinance adoption
State law allows no more than 19 licenses
City Council may elect to issue fewer than 19
Ineligible Persons:
0
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Zoning Restrictions:
0
0
0
0
0
Conditions of Sale:
Preference:
Number of Licenses:
Resident Comments:
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Minutes/Edina City CounciI/Februw 16,1999 :
Warren Beck, 3216 Robinson Bay Road, Deephaven, from Gabbert and Beck, property managers
for the Galleria and Centennial Lakes Shopping Center, and an owner in both properties
commended the Council on the process they have followed. Mr. Beck observed the proposed
ordinance follows closely the wine ordinance. He noted one area of concern was the restriction in
issuing each applicant only one license. Mr. Beck also noted concern with draft ordinance section
900.08 N, “no person may hold or possess an interest in more than one On-sale Intoxicating
Liquor License at one .time in the City.. .and defines “interest” and specifically ”fixed sum rental
agreements”. He explained that standard commercial leases for retail are based leases with a
percentage of sales in shopping centers. If the language were strictly interpreted, it would
suggest retail properties of shopping centers would only be allowed one license, i.e. one license
allowed at Southdale, one license at Galleria, and Centennial Lakes (because of his ownership in
the Galleria) and Galleria together would only be allowed one license. Mr. Beck said he did not
believe that is was the intent of the ordinance, and asked it be addressed. He recommended
excluding the, ”fixed sum rental agreement” statement. The interest of a real estate owner in a
rental situation is different from that of a restaurant or liquor license holder. Mr. Beck further
said some surrounding communities have restrictions limiting licensing to one person, however,
communities that have a sigruficant commercial disbict have dropped the restriction. Today,
many corporations operate multiple facilities. He said he understood part of the consideration of
the ordinance was to open up the community to quality restaurants and fine dining. He asked
what would happen if an existing restaurant owner purchased a licensed restaurant in the city.
He believes the clause is not necessary and is the case of entity controlling interest. Most
properties where current wine licenses are held are owned by real estate investors and operators
are lessees. The market will limit the number of restaurants under single ownership operating in
the community. Mr. Beck concluded that he debates whether an ordinance is necessary to make
sure this occurs.
Mayor Smith asked further clarification of ”fixed sum rental agreements.” Mr. Beck said the
leases in shopping centers are not fixed sum and are based on a percentage of sales. He believes
it is actually a variable sum or the direct opposite of fixed sum.
Jay Stieber, representing ”Lettuce Entertain You Enterprises, Inc.” or Big Bowl Restaurant located
in the Galleria and Brinker, hternational which operates Macaroni Grill, noted the ordinance is
similar to ordinances his corporation operates under in other jurisdictions. However, Mr. Stieber
had two points of concern: 1) the requirement that the annually submitted affidavits certifying
percentage of food sales vs liquor sales must be signed by a Mknesota Certified Public Account,
since his company is based outside of Minnesota; and 2) limiting the licensing to only one
restaurant in the City per owner. Mi Stieber said his corporation is pleased with the reception of
&e residents to their restaurants, and if an additional location were to come forward they would
consider opening another restaurant. He urged the Council to consider allowing any Certified
Public Accountant complete the annual certification of food and liquor sales*percentages. Letters
were received from both “Lettuce Entertain You Enterprises, Inc.” and Brinker, International
which operates Macaroni Grill.
Wayne Kostroski, 4815 Maple Road, co-owner of Tejas, Cuisine Concepts applauded City staff
for their diligent work and information flow to the restaurant owners. His area of concern in the
fee structure. Mr. Kostroski voiced approval witli the strict wine and beer licensing procedure.
However, fees historically relate to the administration, monitoring, and enforcement for licenses
on an annual basis. The license fee for wine has gone up approximately 3% annually, is now at
about $1,000.00, and seems to be working very well. He continued that looking at an $11,000.00
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MinutesEdha City CounciWebruary 16,1999
fee for intoxicating liquor licensing seems very high as we are not dealing with bars, but simply
operations that are adding alcohol to their food service. Mr. Kostroski asked what makes up the
cost. He inquired 'if a rebate would 'be cokidered if Cosb do not reach the $11,000.00 fee. Mr.
Kostroski said this is a new process and actual costs are an unknown entity, but $11,000.00 seems
very high as a test. He suggested a more fair fee structure for the existing licensees be considered.
Mayor Smith directed staff to provide the survey of other cities to anyone interested. He
wondered if the wine license fee as it is today, is high enough or if residents are subsidizing a fee
that is too low.
Bill Kozlak, 1915 3rd Street, Minneapolis, JAX Cafe, stated he is in favor of one license for one
restaurant. At present he does not have a restaurant in Edina, but if the opportunity arose he
would like to open one.
Ted Volk, 6301 Belmore Lane, presented a ten page report on disc and on file in the office of the
City Clerk centering on tailoring the ordinance in such a way that it would not be attacked by
foreign forces, i.e. competitive owners, prospective owners or persons unhappy with the
ordinance.
A brief discussion between Mayor Smith and Mr. Volk ensued. Mi. Volk asked for an opinion
from the City Attorney regarding the ordinance. Mayor Smith said the City Attorney drafted the
ordinance. He added the opinion of the City Attorney is that the election was a legal election. Mr.
Volk questioned, 1) the validity of the election held in November claiming that Minnesota Statute
requires a liquor question to be a Special Election, not part of a General Election; 2) 60% of gross
receipts for combined sales on an annual basis in hotels, 3) the 300 foot distance to schools, etc., 4)
Hours of Sales for Sunday licenses; 5) Chemical Dependency Coordinator did not participate in
the process, 6) City should expect attacks from accident victims looking for a hole in the process
to bring the City as a co-defendant in a case, 7) competing vendors could retain injunctions to
stop new licensees, and 8) municipal bond analysts analyze quality which needs to be covered in
the ordinance. He concluded that if the Council chose to initiate another referendum, he
suggested the ballot have multiple choice questions for voters. Mayor Smith inquired what was
Volk's point, Mr. Volk said he believes there should be more readers of the draft ordinance.
No further public comments were received.
Council comments
Mayor Smith stated the Council has the assurance of the City Attorney that the City held a valid
election. He responded to Mr. Volk's questions
A. Ratio of sales in hotels is a valid question and staff will find an answer,
B. Location - there may be questions about facilities in a certain zoning that may warrant
C. Ordinance being multiple choice - policy makers make decisions and draft ordinances,
D. Fees - minimal deposit taken and out of state would be more difficult, and
E. Sunday Liquor - sound election held with valid questions asked of voters
further exmination,
Mayor Smith asked staff to mode the fixed sum rental agreement of the ordinance following
Warren Beck's comments. He commented the certification of liquors and food sales percentages
by a Minnesota CPA could possibly be any CPA, following comments by Jay Stieber of Big Bowl
Restaurant. Member Kelly noted the CPA examination is the same in all States. Member Hovland
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Minutes/Edina City CounciVEebruary 16,1999 I '
concurred. Mayor Smith said the fee at $11,000 could be changed next year if costs were found to
be too high, responding to Wayne Kostroski's concern. Member Maetzold said he concurs with
the fee which was based on an in-depth Bloomington study and a survey of surrounding cities.
His instinct is that the wine license fee is too low. Member Hovland said he had been concerned
when the fee was first discussed because 2/3 of the initial applicanfs will be current wine
licensees. These applicants have gone through rigorous inspection. However, the fee can be
reviewed annually to see if it does not meet the enforcement aspect. He reiterated that
enforcement aspect is part of the great unknown. Edina may find because of our rigorous
inspection we may not have enforcement problems like other cities. He suggested revisiting the
fee issue because of its extraordinary departure from the wine fee, assuming it is adequate.
Member Kelly believed the fees were cost based and reasonable. He shared the Mayor's concern
that the taxpayers should not be responsible for paying the difference.
Mayor Smith inquired about installment payments. Manager Hughes replied that he been
advised not to implement an installment payment program for liquor licenses. A refund system
is built into the ordinance, if a restaurant were to stop business during the license term a pro-rata
portion of the license would be refunded. Mayor Smith voiced concurrence with no installment
payment program being considered.
Mayor Smith asked for more information about the ratio of sales in hotels. Member Kelly does
not want to give staff any direction and believes hotel operations are self-policing. Member
Maetzold referred to the referendum as serving liquor in a restaurant, and not mentioning hotel.
Attorney Gilligan said the ballot read, 'restaurant or hotels' following State Statute. He said the
original wine referendum referenced the seiving of food.
Member Faust commented that the ballot question was phrased to possibly attract a four or five
star hotel to the City.
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Member Hovland stated he is comfortable with the way the question is worded.
Mayor Smith asked for Council comments about location. Member Hovland concurred with the
language concerning location as crafted. Member Faust, Member Maetzold, and Member Kelly
also concurred.
Mayor Smith called for Council comments about fees from out of state. Manager Hughes said the
ordinance and the Statute permits us to charge up to $10,000.00 on out of state investigations.
Our experience with wine is that investigation costs rarely go that high, even for out-of-state
applicants. Therefore, requiring the up-front deposit of $2,500.00, would be more in keeping with
antiapated investigation costs. If the deposit amount was expended, the investigation would
cease unfil additional deposit monies were collected. Attorney Gilligan said the ordinance
language is 'all investigation expenses incurred in excess of the deposit shall be paid prior to
consideration of license application by the Council'. Mayor Smith asked what would happen if
the investigation failed and we don't have a source for the money. He suggested wording be
placed in the ordinance to protect the City more if this scenario were to happen.
Mayor Smith called for Council comments about the multiple ownership issue. Member
Maetzold favored the present language which limits ownership to one per owner. This could be
changed after an appropriate time and after applications are examined.
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MinutesEdha Citv CounciWebruw 16,1999
Member Faust indicated she believes the existing restaurants with two licenses should be
grandfathered in, but the remainder of the new applicants be limited to one per owner. The
numbers could be changed later after we see how the process works. Attorney Gilligan believed I this process could work and language added stating that fact.
Member Hovland made the point that the licenses do not have value in the traditional sense
whereby they could be traded or sold. He favors not creating competitive disadvantage where
they would otherwise be qualified. He would prefer that multiple licenses should be able to be
issued to entities having an ownership interest in several restaurants. Setting up a common
control process whereby the applicant must divulge common ownership, interest or control of
several entities could be included but may be unnecessary as they are issued annually. Member
Hovland stated he dislikes putting people at a competitive disadvantage where concepts come
forward that the general public want, i.e. Big Bowl or Macaroni Grill, and residents must chose
where they can go eat or where they can go drink. He concluded he would be in favor of multiple
license ownership under certain circumstances, those as yet to be determined.
Member Kelly voiced disagreement with Member Hovland regarding multiple ownership for
restaurants and voiced agreement with Member Faust. He believes a competitive disadvantage is
created by being a large conglomerate with a number of concepts as opposed to a single holder.
A competitive disadvantage is created by a high fee structure. Grandfathering makes sense. If a
restaurant owner comes forward with a compelling concept and a license is still remaining, there
is a variance proiess in place and they may have a good chance of being licensed if all criteria is
met. He further agrees with Member Maetzold that people should have one opportunity to get
one restaurant licensed before we start allowing people two. Attorney Gilligan stated that no
variance process exists for liquor licenses.
Member Faust asked how many restaurants would be affected. Manager Hughes said just Big
Bowl and Macaroni Grill at present.
Manager Hughes explained that no variance process is possible. He suggested one option would
be to delete language from the ordinance regarding multiple licensees, but incorporate it within a
resolution.
Mayor Smith inquired where besides multiple owners would a variance process be helpful.
Manager Hughes said he does not know if legdy a variance could be a part of an ordinance of
this sort. Attorney Gilligan indicated that to implement a procedure for a variance, the ordinance
would need to be amended.
Member Faust believes the process should begin slowly. Big Bowl and Macaroni Grill have made
a considerable investment and are licensed in Edina. Thus, she believes that they should be
allowed to apply for licenses,
No further comments were received from the Council.
Correspondence received:
Brian Carey, Vice President of United Properties submitted a letter dated February 12, 1999,
expressing support for the liquor ordinance and interest in attracting an upscale restaurant to the
Phase V building at Centennial Lakes.
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MinutesEdina CiW CouncWebruary 16,1999
Member Maetzold made a motion granting First Reading to Ordinance No. 1999-4, An
Ordinance Recodifying Section 900 of the Edina City Code Allowing Issuance of On-sale
Intoxicating Liquor Licenses within the City of Edina and to include recommendations by €he
Council and to be back on the March 1, 1999, Regular Council Agenda. Member Kelly
seconded the motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
Member Maetzold made a motion granting First'Reading to Ordinance No. 1999-5, An
Ordinance Setting a Fee For On-sale Intoxicating Liquor Licenses. Member Faust seconded the
motion.
Rollcall:
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
*BID AWARDED FOR TRAFFIC SIGNAL CONTROL CABINETS - ENGINEERING Motion
made by Member Maetzold and seconded by Member Faust for award of bid for three traffic
signal control cabinets for the Engineering Department to sole bidder, ACT Electronics under
Hennepin county Contract #4668A8, at $18,032.58.
Motion carried on rollcall vote - four ayes.
I *TRAFFIC SAFETY STAFF REVIEW OF FEBRUARY 2,1999, APPROVED Motion made by
Member Maetzold and seconded by Member Faust approving the Traffic Safety Staff Review
of February 2,1999, Section A, as follows:
1. Installation of a directional arrow advising drivers of the 90"curve from westbound
Dunberry to northbound Brittany; and
2. Continuation of use of speed advisory trailer at West 54th Street location as well as
Police Department speed monitoring; and
3. Placement of speed advisory trailer on Lincoln Drive and Police Department
enforcement; and
Section B, and C.
Motion carried on rollcall vote - four ayes.
PUBLIC SAFETY MOBILE DATA SYSTEM UPDATE PRESENTED Chief Bernhjelm indicated
at the February 1,1999, Council Meeting, he presented the Police Department plan for expending
funds from an award from the Federal COPS M.O.R.E. Grant to implement a Mobile Data System
for police units. He reminded the Council the availability of this grant money expires on May 31,
1999. The Police Department must, at this time, contract for various elements of the system in
order to achieve implementation by the deadline.
Staff believes the proposed project offers a significant improvement in the process of handling
information in the Police Department in the direction of a paperless information flow. Emergenq
response will be enhanced. In addition to re-deploying officers under the terms of the grant, the
belief is some future personnel increases may be delayed through achieving these efficiencies.
Staff has continued to explore ways to partner with neighboring cities as well as the county to
reduce costs and provide more communication through utilization of this technology. In the
future, grant opportunities will be explored to help support the operation but realistically, that
approach does not seem feasible. It is staff's belief the grant offers a wonderful opportunity to
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MinutesEdha Ciiy Counciwebruary 16,1999
move to this technology despite the signrfrcant contribution required from the City. It was noted
communications technology like this wdl ultimately be required due to radio frequency spectrum
limitations. i I
The purchase of 39 laptop computers with grant monies is a sound investment according to Chief
Bernhjelm. Historically, personally issued equipment is better cared for and maintained and
therefore can be utilized fully. Understanding this could be the start of a learning curve for some
officers, and making the equipment available will only increase confidence with the paperless
process.
The Fire Department will benefit from the implementation as well with improved emergency
response time through piggy-backing on the Police system. There would be less confusion during
multiple call events with an accuracy of critical information as well as computerized mapping.
Data would also be available for management review and State and County automated reporting,
Compatibilitv - With Other Departments
The Fire and Police Departments operate in a unique environment due to data privacy
jurisdictions and as a result their ability to integrate with other departments appears limited.
Despite the limitations, the knowledge gleaned from portable units placed n the field will be a
valuable asset to other departments.
Financing - Plan for the Proposed MDT Plan
The Police Department has been preparing for the implementation of the MDT project for many
years by setting aside a number of capital reserves to help cover the extensive costs. Chief
Bernhjelm reported based on a review of these reserves, the Police and Fire Departments believe
they have 100% of the capital costs of the City’s portion (Police - $165,000 and Fire $22,000)
covered.
Ongoing costs of the project offer some challenges in finding alternative sources of revenue to
offset these costs.
Annual Operating - Costs
Offsetting funding sources could come from, 1) savings from existing County contract, 2) current
data processing operating budget (funded) and 3) designation of cell antenna revenues from
existing Fire Department tower.
Potential Funding Sources
1. Restructure Alarm Fees - Police Communication Charge
2. Alarm User Permit (charged to provider or user) Police
3. Liquor License Fees
Another possible source could be to dedicate antenna revenues because this is a cellular network
being used and the Fire Department location ties in with the project.
Relationship to the 800 MHz System
Chief Bernhjelm said the 800 MHz and the MDT are similar in that they both use a form of
frequency trunking but one system is voice transmission and the other (CDPD) is data
transmission. The major issue driving these technologies is radio frequency spectrum usage
where demand has dramatically increased over the years. Use of the spectrum is controlled by
the FCC through their regulatory power. To meet the demand, the radio industry has developed
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Minutes/Edina City Council/Februarv 16,1999
trunking technology which allows users to share frequencies rather than each user controlling
one frequency. Computers select an available frequency based on a user‘s request and is invisible
to the user. The FCC also uses a method called re-farming to make additional frequencies
available. Regulations have required a narrowing of frequency width which will make all
present radios obsolete soon. An extensive planning process has been begun to create a shared
trunk system in the metro area. A Metro Radio Board was created with partnering with the State
of Minnesota, which will be the backbone of the system, seven counties will build a subsystem as
well as Minneapolis and St Paul. Edina will be part of the Hennepin County subsystem. The
plan is for &e system to provide operational flexibility and interagency voice communications
but is not designed to handle data. Our participation, unfortunately will result in expenses far
beyond reserves earmarked for equipment replacement. A meeting has been scheduled with
Hennepin County to discus financial data and timelines for decision making.
Following a brief Council question and answer period, securing funding sources for the on-going
implementation of the public mobile data system project is the temporary roadblock. Council
consensus was for the issue to be back on the March 1,1999, Council agenda.
No Council action was taken.
“SIGNATORY RESOLUTION APPROVED
seconded by Member Faust:
SIGNATORY RESOLUTION
BE IT RESOLVED that persons holding office as Mayor, Manager, and Treasurer of the City
of Edina, be, and they hereby are authorized to act for this municipality in the transaction of
any banking business with Western Bank from time to time and until written notice to any
Bank to the contrary, to sign checks against said accounts, which checks will be signed by the
Mayor, Manager, and City Treasurer. Each Bank is hereby authorized and directed to honor
and pay any checks against such account if signed as above described, whether or not said
check is payable to the order of, or deposited to the credit of, any officer or officers of the City,
including the signer or signers of the check.
Motion carried on rollcall vote - four ayes.
Motion made by Member Maekold and
I
*RESOLUTION AUTHORIZING FACSIMILE SIGNATURES Motion made by Member
Maetzold and seconded by Member Faust:
RESOLUTION AUTHORIZING USE OF
FACSIMILE SIGNATURES BY PUBLIC OFFICIALS
GLENN L. SMITH - Mayor
GORDON L. HUGHES
JOHN WALLIN - Treasurer
on checks, drafts, warrants, warrant-checks, vouchers or other orders of public funds
deposited in Western Bank, be and hereby is approved, and that each of said persons may
authorize said depository banks to honor any such instrument bearing his facsimile signature
in such form as he may designate and to charge the same to the account in said depository
bank upon which drawn as fully as though it bore his manually written signature and that
instruments so honored shall be wholly operative and binding in favor of said depository
bank although such facsimile signature shall have been affixed without this authority.
RESOLVED that the use of facsimile signatures by the following named persons:
- City Manager
I
Motion carried on rollcall vote - four ayes.
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MinutesEdha City Council/J?ebruary 16,1999
"RESOLUTION DESIGNATING DEPOSITORY FOR PUBLIC FUNDS OF THE CITY Motion
made by Member Maetzold and seconded by Member Faust:
BE IT RESOLVED that the Western Bank, is authorized to do banking business in Minnesota,
be and is hereby designated as an Official Depository for the Public Funds of the City of
Edina, County of Hennepin, Minnesota, until January 1,2000.
RESOLUTION DESIGNATING DEPOSITORY
Motion carried on rollcall vote - four ayes.
*PAMELA LAKE WATER OUALITY PROTECT REQUEST AUTHORIZED Motion made by
Member Maetzold and seconded by Member Faust authorizing Mayor Smith to submit a letter
to the Minnehaha Creek Watershed District Board requesting a cooperative project at Pamela
Parwake for a water quality project.
Motion carried on rollcall vote - four ayes.
"WATER OUALITY POND AT WEST 7FH STREET AND TH 100 INTERCHANGE
REQUEST AUTHORIZED Motion made by Member Maetzold and seconded by Member
Faust authorizing Mayor Smith to submit a letter to the Nine Mile Creek Watershed District
requesting a cooperative project with the City, Mn/DOT and the District on a water quality
pond at West 77th Street and Highway 100.
Motion carried on rollcall vote - four ayes.
"CONFIRM APPOINTMENT AND RE-APPOINTMENTS TO HUMAN RELATIONS
COMMISSION Motion made by Member Maetzold and seconded by Member Faust
approving the following appointment and re-appointments to the Human Relations
Commission:
and for re-appointments:
Jim Campbell
Nancy Atchison
Sharon Ming
Term from February 1,1999 to January 31,2001
Term from February 1,1999 to January 31,2002; and
Term from February 1,1999 to January 31,2002.
Motion carried on rollcall vote - four ayes.
"FREEWAYDIOISE ABATEMENT STUDY/J?ROTECT UPDATE ACKNOWLEDGED Motion
made by Member Maetzold and seconded by Member Faust acknowledging receipt of the
freeway/noise abatement study/project update as presented.
Motion carried on rollcall vote - four ayes.
"RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT FOR
AUTOMATED EXTERNAL DEFIBRILLATORS Motion made by Member Maetzold and
seconded by Member Faust as follows:
RESOLUTION AUTHORIZING EXECUTION
OF GRANT AGREEMENT
BE IT RESOLVED that the Edina Police Department enter into a Grant Agreement with the
Minnesota Department of Public Safety for the Automated External Defibrillator Program,
and
BE IT RESOLVED that Deputy Chief, Michael Siitari be hereby authorized to execute and
sign such Grant Agreements and amendments as are necessary to implement the project on
behalf of the Edina Police Department.
Motion carried on rollcall vote - four ayes.
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MinutesEdha Citv Council/February 16,1999
CLAIMS PAID Motion made by Member Faust approving payment of the following claims as
shown in detail on the Check Register dated February 10,1999, and consisting of 31 pages:
General Fund $311,319.32; Communications $3,699.64; Working Capital $21,547.63; Art Center
$4,035.61; Golf Dome Fund $12,023.22; Swimming Pool Fund $1,282.60; Golf Course Fund
$68,122.24; Ice Arena Fund $21,212.56; Edinborough/Centennial Lakes $25,475.54; Utility Fund
$112,433.87; Storm Sewer Utility Fund $2,023.33; Recycling Program $35,092.44; Liquor
Dispensary Fund $172,156.88; Construction Fund $81,337.61; Park Bond Fund $2,567.41; 1-494
Commission $112.20; TOTAL: $874,442.10. Member Hovland seconded the motion.
I
Rollcalk
Ayes: Faust, Hovland, Kelly, Maetzold, Smith
Motion carried.
There being no further business on the Council Agenda, Mayor Smith adjourned the Council
Meeting at 11:lO P.M.
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